A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 8, 2018, the Defendant driven a car with alcohol content of about 300 meters from the front day of the Hong dan Pung-gun, Gyeong-gun, Gyeong-gun, Gyeongjin-gun, Gyeong-gun, Gyeong-gun, the lower court, at around 300 meters, from the front day of the other side of the same Dopung-gun, to the front day of the coast of the same Dopung-gun, while under the influence of alcohol content of 0.092% without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (referring to a report on the situation of a driver making the main driving and a specific relation between driving distance of drinking for suspects);

1. The application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving, notification of the results of regulating drinking driving, the ledger of driver's licenses, and the register of tea;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, Defendant’s age, environment, sex, motive, means and consequence of the crime, and all sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: The defendant had been punished twice for the same kind of crime, and again commits each of the crimes of this case. In particular, each of the crimes of this case was committed on March 19, 2018 by the defendant driving on drinking on March 19, 2018, and again took place on March 26, 2018, and the summary order was requested on March 26, 2018.